BUILDING CODES: Provides relative to the Uniform Construction Code and inspector licensing

ENROLLED
ACT No. 8812026 Regular Session
HOUSE BILL NO. 1186
BY REPRESENTATIVE JACOB LANDRY
1 AN ACT
2 To amend and reenact R.S. 15:587(A)(1)(a), R.S. 37:21(B)(introductory paragraph), R.S.
3 42:262(A), and R.S. 44:4(51) and 4.1(24), to enact R.S. 37:21(B)(12) and (13),
4 Chapter 62 of Title 37 of the Louisiana Revised Statutes of 1950, to be comprised
5 of R.S. 37:3727 through 3750, and R.S. 44:4(65), and to repeal Part IV-A of Chapter
6 8 of Title 40 of the Louisiana Revised Statutes of 1950, comprised of R.S.
7 40:1730.21 through 1730.40.2, relative to the Louisiana Uniform Construction Code
8 Commission; to provide legislative purpose; to provide for definitions; to create the
9 Louisiana Uniform Construction Code Commission; to provide for the membership
10 of the commission; to provide for per diem and travel reimbursement for members
11 of the commission; to provide for powers of the commission; to provide for
12 rulemaking authority; to provide authority to collect fees; to provide for duties of the
13 commission; to provide for record-keeping; to provide for domicile of the
14 commission; to provide for regular meetings of the commission; to provide
15 procedures for commission meetings; to provide for adoption and amendment of a
16 Uniform Construction Code; to provide for legislative oversight of the code; to
17 provide for periodic review of the code; to provide for mandatory adoption of certain
18 nationally-recognized codes; to provide for applicability of codes for building
19 inspections; to provide for powers of the state fire marshal; to provide for
20 enforcement of the code by municipalities and parishes; to exempt certain facilities
21 from the code; to provide for injunctive relief for code violations; to provide for
22 agreements by public entities relative to code enforcement; to provide for
23 appointment of building officials; to provide relative to conflicts of interest of
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1 inspectors; to provide for inspector license types and classifications; to provide for
2 application and renewal requirements and procedures for licenses; to provide for
3 public records exemptions; to provide for required disclosures by applicants; to
4 provide for licensing fees; to provide for disciplinary procedures; to provide for fines
5 and penalties to direct the Bureau of Criminal Identification and Information to
6 provide certain criminal history information to the commission; to exempt the
7 commission from certain limitations on disciplinary proceedings; and to provide for
8 related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 15:587(A)(1)(a) is hereby amended and reenacted as follows:
11 §587. Duty to provide information; processing fees; Louisiana Bureau of Criminal
12 Identification and Information
13 A.(1)(a) The bureau shall make available upon request, or at other times as
14 the deputy secretary shall designate, to any eligible criminal justice agency and the
15 division of administration, office of technology services, the Department of
16 Education, the Louisiana Department of Health, the state fire marshal when
17 reviewing applications for licensure, the Louisiana Manufactured Housing
18 Commission when reviewing applications for licensure, the Department of Children
19 and Family Services, the Department of Insurance, the Louisiana State Racing
20 Commission, the Senate Committee on Senate and Governmental Affairs , the House
21 Committee on House and Governmental Affairs, the secretary of Louisiana Works
22 or his designee, the Board of River Port Pilot Commissioners and Examiners, the
23 Louisiana State Board of Home Inspectors, the Office of Financial Institutions in the
24 office of the governor, the office of the disciplinary counsel of the Louisiana
25 Attorney Disciplinary Board of the Louisiana State Bar Association; however, as to
26 any licensed attorney this information shall be provided only after the issuance of a
27 formal charge against the attorney, the Louisiana Supreme Court Committee on Bar
28 Admissions, the municipal or parish department or personnel responsible for
29 reviewing applications for alcoholic beverage outlet permits, the Louisiana Uniform
30 Construction Code Commission, and the legislative auditor any information
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1 contained in the criminal history record and identification files of the bureau. The
2 Department of Children and Family Services may provide information secured
3 pursuant to this Subsection to all federal and state agencies providing child support
4 enforcement services.
5 * * *
6 Section 2. R.S. 37:21(B)(introductory paragraph) is hereby amended and reenacted
7 and R.S. 37:21(B)(12) and (13) and Chapter 62 of Title 37 of the Louisiana Revised Statutes
8 of 1950, comprised of R.S. 37:3727 through 3750, are hereby enacted to read as follows:
9 §21. Limitations on disciplinary proceedings by professional or occupational boards
10 and commissions
11 * * *
12 B. The provisions of this Section shall do not apply to the following:
13 * * *
14 (12) The Louisiana State Licensing Board for Contractors.
15 (13) The Louisiana Uniform Construction Code Commission.
16 * * *
17 CHAPTER 62. BUILDING CODE ADOPTION & INSPECTOR LICENSING LAW
18 PART I. GENERAL
19 §3727. Purpose; legislative intent
20 The purpose of the legislature in enacting this Chapter is to maintain
21 reasonable standards of construction in commercial and residential buildings and
22 other structures in the state consistent with the public health, safety, and welfare of
23 its citizens. This Chapter is enacted to enable this state to promulgate a Uniform
24 Construction Code to govern the construction, reconstruction, alteration, and repair
25 of commercial and residential buildings and other structures. The Uniform
26 Construction Code is intended to establish uniform performance standards providing
27 reasonable safeguards for health, safety, welfare, comfort, and security balanced with
28 affordability for the residents of this state who are occupants and users of buildings,
29 and will provide for the use of modern methods, devices, materials, and techniques.
30 To secure these purposes, the Louisiana Uniform Construction Code Commission
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1 shall license persons engaged in the enforcement of the Uniform Construction Code.
2 The intent of the legislature is that the Louisiana Uniform Construction Code
3 Commission shall monitor building construction projects to ensure compliance with
4 the Uniform Construction Code and licensure requirements of this Chapter.
5 §3728. Definitions
6 As used in this Chapter, the following terms have the meanings ascribed to
7 them in this Section, unless the context clearly indicates otherwise:
8 (1) "Applicant" means a person who is applying for a public inspector,
9 private inspector, or private inspector company license with the commission.
10 (2) "Board" means the Louisiana State Licensing Board for Contractors.
11 (3) "Building inspector" means a person who performs building inspections
12 and is responsible for the enforcement of the Uniform Construction Code when
13 inspecting structures for compliance with the state building code, in accordance with
14 the particular classification specified on his license issued by the commission.
15 (4) "Building official" means a licensed inspector holding a general
16 classification who has been delegated authority by a senior official of a public entity
17 to act with the highest level of authority delegated to that public entity regarding
18 inspections for the enforcement of the Uniform Construction Code.
19 (5) "Commercial structure" means a building or facility primarily used for
20 business, commerce, or professional activity, not including a building or facility used
21 for a residential, agricultural, or industrial manufacturing purpose.
22 (6) "Commission" means the Louisiana Uniform Construction Code
23 Commission.
24 (7) "Dwelling unit" means a single unit providing complete, independent
25 living facilities for one or more persons, including permanent provisions for living,
26 sleeping, eating, cooking, and sanitation.
27 (8) "Employee" means a worker whose employer deducts taxes from his
28 wages and reports his annual earnings to the Internal Revenue Service using a W-2
29 form.
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1 (9) "Executive director" means the person appointed by the board to serve
2 as the chief executive officer of the commission regarding day-to-day operations of
3 commission business. The executive director may appoint or hire persons as
4 authorized by this Chapter.
5 (10) "Familial relationship" means the following relatives of a person,
6 including half- and step-relatives:
7 (a) Children and their spouses.
8 (b) Siblings and their spouses.
9 (c) Parents.
10 (d) Spouse.
11 (e) The parents of a spouse.
12 (f) Grandchildren and their spouses.
13 (11) "General license classification" means a category of classifications that
14 allows a person to act as a building inspector and plans examiner for the enforcement
15 of the Uniform Construction Code for any structure.
16 (12) "Inspector" means a person or entity who is responsible for the
17 inspection and enforcement of the Uniform Construction Code. That person may be
18 a public inspector or a private inspector. That person may act as a building inspector
19 or plans examiner depending on the classification held by that person.
20 (13) "License" means any form of license the commission is authorized to
21 issue in accordance with this Chapter.
22 (14) "Manufactured home" and "manufactured housing" mean a factory-built
23 residential dwelling unit constructed to the standards and codes promulgated by the
24 United States Department of Housing and Urban Development, pursuant to the
25 National Manufactured Housing Construction and Safety Standards Act of 1974, 42
26 U.S.C. 5401 et seq., as amended. The terms "manufactured home" and
27 "manufactured housing" may be used interchangeably and apply to structures bearing
28 the permanently affixed seal of the United States Department of Housing and Urban
29 Development.
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1 (15) "Modular home" and "modular housing" mean a factory-built residential
2 dwelling unit, which is built off-site and transported in sections, constructed in
3 accordance with the International Residential Code as adopted and amended by the
4 commission, and is not a unit constructed according to standards of the United States
5 Department of Housing and Urban Development.
6 (16) "Permit" means an official document issued by a municipal, local, or
7 parish government authority for the construction, alteration, relocation, enlargement,
8 replacement, repair, equipment, use and occupancy, location, maintenance, removal,
9 or demolition of a building, structure, or any appurtenances connected or attached
10 to such buildings or structures. A permit authorizes the performance of a specified
11 activity and complies with the Uniform Construction Code and other regulations.
12 (17) "Person" means a natural or juridical person, whether or not acting as
13 a principal, trustee, fiduciary, receiver, or any other kind of legal or personal
14 representative of a person, or as a successor in interest, assignee, agent, factor,
15 servant, employee, director, officer, or any other representative of a person, state or
16 local governing authority, or political subdivision.
17 (18) "Plans examiner" means a person who performs plan review and is
18 responsible for enforcement of the Uniform Construction Code when performing the
19 inspection, examination, or review of construction documents for compliance based
20 upon the license classification specified on his license issued by the commission.
21 (19) "Principal" means an owner, shareholder, or officer or director of a
22 corporation; a member or manager of a limited liability company; a general partner
23 of a partnership; a sole proprietor; a trustee; or a full-time employee with similar
24 operational control or significant influence with respect to any person as determined
25 by the commission.
26 (20) "Private inspector" means a person who enters into a contract or
27 registers with a public entity, and is not a public employee of that public entity with
28 which he is contracted or registered, to act in the capacity of an inspector or building
29 official within the jurisdiction of that public entity. A private inspector may own,
30 or be employed by, a private inspector company that is contracted or registered to
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1 provide this service. A licensed private inspector is responsible for the enforcement
2 of the Uniform Construction Code based upon the classification specified on his
3 license issued by the commission.
4 (21) "Private inspector company" means a company, firm, partnership,
5 corporation, limited liability company, limited liability partnership, or other legal
6 business entity recognized by the law of this state, other than a governmental agency
7 or an agency thereof, that enters into a contract or is registered with a public entity
8 to provide one or more employees to act in the capacity of an inspector or building
9 official within the jurisdiction of that public entity. A licensed private inspector
10 company is responsible for the enforcement of the Uniform Construction Code based
11 upon the classifications held by its licensed private inspectors, whether employed by
12 or principals of that company.
13 (22) "Public employee" means an employee of a public entity.
14 (23) "Public entity" means a parish, municipal, or local governmental entity
15 in this state, including its branches, departments, offices, agencies, boards,
16 commissions, instrumentalities, officers, officials, employees, and political
17 subdivisions and the departments, offices, agencies, boards, commissions,
18 instrumentalities, officers, officials, and employees of that political subdivision.
19 "Public entity" includes housing authorities, as defined in R.S. 40:384, and their
20 commissioners and other officers and employees, and sewerage and water boards and
21 their employees, servants, agents, or subcontractors.
22 (24) "Public inspector" means a public employee whose job duties include
23 the enforcement of the Uniform Construction Code by acting as an inspector within
24 the jurisdiction of the public entity that he is employed by. A licensed public
25 inspector is responsible for the enforcement of the Uniform Construction Code based
26 upon the classification specified on his license issued by the commission.
27 (25) "Residential structure" means a building or structure that is used
28 primarily for occupancy by a person as a residence. These structures include but are
29 not limited to single-family dwellings, duplexes that are not more than three floors
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1 in height, and structures that are part of or adjacent to the building or structures to
2 be used as a residence.
3 (26) "Specialty license classification" means a category of classifications
4 limited in scope, whereby a person holding a specialty license classification may
5 only perform the scope of work specified by that specialty license classification.
6 (27) "Uniform Construction Code" means the nationally recognized codes
7 and standards that have been evaluated, adopted, and amended by the commission
8 and are enforced within this state.
9 §3729. Louisiana Uniform Construction Code Commission; membership;
10 qualifications; tenure; vacancies; term limits
11 A. The Louisiana Uniform Construction Code Commission is hereby created
12 within the office of the governor and shall consist of the following members listed
13 in Subsection B of this Section. Each member shall be of the full age of majority and
14 shall have been a resident of this state for five successive years preceding his
15 appointment.
16 B. The members shall be selected and appointed as follows:
17 (1) The fire marshal or his designee.
18 (2) Two licensed inspectors with the Louisiana Uniform Construction Code
19 Commission.
20 (3) One member who shall have the greater part of his professional
21 experience as a licensed electrician or licensed plumber.
22 (4) One member who shall have the greater part of his professional
23 experience as a licensed mechanical engineer.
24 (5) Two members, each of whom shall have had the greater part of his
25 professional experience as a licensed architect, one of whom shall be a member of
26 the American Institute of Architects of Louisiana.
27 (6) One member who shall have the greater part of his professional
28 experience as a licensed civil engineer specializing in structural engineering.
29 (7) One member representing the Louisiana Home Builders Association.
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1 (8) One member representing the Associated Builders and Contractors of
2 Louisiana.
3 (9) One member who shall have the greater part of his professional
4 experience as a licensed residential contractor.
5 (10) One member who shall have the greater part of his professional
6 experience as a licensed commercial contractor and who is a member of the
7 Louisiana Associated General Contractors.
8 (11) One member who shall have the greater part of his professional
9 experience in the insurance industry.
10 (12) One member representing the Building Officials Association of
11 Louisiana.
12 (13) One member representing the Louisiana Building Code Alliance.
13 (14) One member who shall have the greater part of his professional
14 experience in the manufactured housing industry.
15 (15) Two members at-large.
16 C. With the exception of the fire marshal or his designee, who shall serve by
17 virtue of his position, each member of the commission shall be appointed by the
18 governor, subject to Senate confirmation, and shall serve at the pleasure of the
19 governor. With the exception of the fire marshal or his designee, each term for a
20 member of the commission is for four years, and a member shall serve no more than
21 two consecutive terms.
22 D. Each member of the commission shall be reimbursed for attendance at a
23 commission meeting or when he is required to travel for the official authorized
24 business of the commission an amount not more than seventy-five dollars per day
25 plus actual expenses and mileage between his domicile and the place of meeting at
26 the same rate of reimbursement set by the division of administration.
27 E. A vacancy shall be filled within ninety days of the vacancy, by
28 appointment of the governor in accordance with the criteria in Subsection B of this
29 Section where the vacancy occurs.
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1 F. The governor may remove a member of the commission for cause, or at
2 the request of the chairman, for cause or for failure to attend more than half of the
3 regularly scheduled meetings within a twelve-month period.
4 G. The members shall designate members to serve as chairman, vice
5 chairman, secretary, and treasurer by majority vote.
6 §3730. Powers of the commission
7 A. The commission shall review and adopt the Uniform Construction Code
8 published pursuant to the commission's rules and regulations, accept requests for
9 amendment, and determine if amendment of the Uniform Construction Code is
10 justified. If the commission determines that an amendment to the Uniform
11 Construction Code is justified, the commission may enact that amendment after a
12 finding on the record that the amendment provides a reasonable degree of public
13 health, safety, affordability, and welfare. The commission shall adopt rules in
14 accordance with the Administrative Procedure Act to implement the provisions of
15 this Chapter.
16 B. The commission may issue, approve, suspend, and revoke licenses issued
17 pursuant to the statutes and rules and regulations governing the commission. The
18 commission shall hold public meetings to facilitate this power in accordance with the
19 Administrative Procedure Act.
20 C.(1) The commission may enter into contracts for professional and legal
21 services, open bank accounts to conduct its business, and enter into agreements with
22 the board for the operation of the commission including reimbursement of the board
23 for the use of the board's funds used to operate the commission. The executive
24 director may use the board's funds for the operations of the commission.
25 (2)(a) In order for the commission to effectively fund its operations and
26 perform its functions mandated by the legislature, the commission may collect a fee
27 on any permits issued by a local government authority.
28 (b) This fee shall be no more than ten dollars per permit. A public entity
29 responsible for collecting this fee shall not retain any portion of this fee. The fee
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1 may be waived if the public entity waives the regular permit fees during a declared
2 emergency, or when issuing a permit to itself or another governmental entity.
3 (c) A fee collected by a local government authority shall be remitted to the
4 commission in accordance with the rules and regulations of the commission.
5 (d) The commission shall set the fee schedule for the upcoming calendar
6 year by August first of the preceding calendar year.
7 (e) This administrative fee shall be assessed by the local government
8 authority on each permit issued. The fee shall be collected by the local government
9 authority and remitted to the commission. The amount of the fee shall be established
10 annually by the commission and shall be in addition to all other applicable permit
11 fees.
12 D. The commission is vested with the authority necessary to carry out the
13 intent of the provisions of this Chapter. The commission shall promulgate rules and
14 regulations for the proper administration and enforcement of this Chapter and to
15 carry out the purpose of this Chapter, in accordance with the Administrative
16 Procedure Act. The enumeration of specific matters which may be made, and the
17 subject of rules and regulations, shall not be construed to limit general powers of the
18 commission to make all rules and regulations necessary to effectuate this Chapter.
19 E. Any rules or regulations enacted by the commission shall be adopted and
20 promulgated in accordance with the Administrative Procedure Act.
21 F. Any previously adopted bylaws of the commission are repealed.
22 G. The commission may create, modify, and repeal committees as needed
23 to effectively and efficiently perform the functions of the commission.
24 H.(1) The commission may hire legal counsel as selected by the executive
25 director and approved by the commission. All legal services for the commission are
26 under the supervision, control, and authority of the attorney general, and no special
27 attorney or counsel shall be employed to represent it except in accordance with the
28 provisions of R.S. 42:262.
29 (2)(a) However, notwithstanding the provisions of Paragraph (1) of this
30 Subsection and the provisions of R.S. 42:262, the commission may contract with
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1 outside counsel or collection agencies on a contingency fee basis to enforce
2 judgments that may arise pursuant to this Chapter.
3 (b) An attorney or collection agency selected pursuant to Subparagraph (a)
4 of this Paragraph shall be selected following a request for proposals in accordance
5 with Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950.
6 (c) A contingency fee contract entered into pursuant to this Paragraph shall
7 require that all collected funds be deposited directly with the commission, and,
8 thereafter, the contingency fee shall be paid by the commission to the collection
9 agency or attorney.
10 I. The commission may sue and be sued and may obtain, in the jurisdiction
11 in which a violation of the provisions of this Chapter occurs, upon submission of an
12 affidavit in support, a temporary restraining order and preliminary and permanent
13 injunctions, without the necessity of posting a bond or other security, restraining and
14 prohibiting the violation of this Chapter and the performance of any work then being
15 performed or about to be performed.
16 J. The commission and its members shall not be held personally liable for
17 actions taken in good faith in the discharge of their responsibilities. The state shall
18 hold the commission and its members harmless from all costs, damages, and attorney
19 fees arising from claims and suits against them regarding matters to which that
20 immunity applies.
21 K. In addition to any other duties and powers granted by this Chapter, the
22 commission shall do all of the following:
23 (1) Grant licenses to qualified persons, and the commission may provide for
24 training and education of licensed inspectors pursuant to this Chapter.
25 (2)(a) Hold hearings and proceedings in accordance with statutes governing
26 the commission and the provisions of the Administrative Procedure Act to consider
27 violations of the provisions of this Chapter and the rules and regulations of the
28 commission.
29 (b) The commission shall retain special counsel to conduct disciplinary
30 proceedings and prosecute violations at regular or special meetings whenever
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1 deemed necessary, and may retain special hearing officers at the discretion of the
2 commission. These proceedings shall be conducted in accordance with R.S. 49:975
3 et seq. This provision does not limit special counsel to only matters of a disciplinary
4 proceeding, however, the commission's general counsel will not be utilized for
5 prosecuting cases.
6 (3) Suspend or revoke any license for any cause described in this Chapter,
7 or for any cause prescribed by the rules and regulations and refuse to grant any
8 license for any cause which would be grounds for revocation or suspension of a
9 license.
10 (4) Issue fines, penalties, administrative costs as determined by the
11 commission, and other costs for violations of the provisions of this Chapter and the
12 rules and regulations of the commission.
13 (5) Publish and distribute materials containing such information as it deems
14 proper to accomplish the purpose of this Chapter.
15 L.(1) If a possible violation is known to the commission, the commission
16 may correct it or take appropriate action without formal complaint.
17 (2) If the commission receives a complaint that is based on a license or rules
18 violation, or any provision of this Chapter, a proceeding shall not be initiated after
19 five years from the date of the alleged act or omission giving rise to the complaint.
20 This period is interrupted by the filing of a procedural motion, or suspended as
21 provided in Paragraph (3) of this Subsection.
22 (3) The time period provided in Paragraph (2) of this Subsection is
23 suspended during the pendency of a legal action involving the licensee as a party or
24 witness if the complaint arises from the same facts giving rise to the legal action or
25 arises from the licensee's activities in the legal action. For the purposes of this
26 Subsection, "legal action" includes litigation, arbitration, mediation, administrative
27 proceedings, or other disciplinary proceedings. This provision does not limit or
28 prohibit the issuance of a summary suspension pursuant to R.S. 49:977.3 in the event
29 the commission finds that public health, safety, or welfare requires emergency
30 action.
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1 M. Notwithstanding any other provisions to the contrary and to the extent
2 deemed necessary or appropriate by the commission for the efficient implementation
3 of its responsibilities in accordance with this Chapter, the commission may delegate
4 its powers and duties by specific resolution of the commission.
5 N. The commission may consolidate, add, or remove license classifications
6 or specialty and general license classifications by rule.
7 O. The commission shall have no employees. The board's staff may be
8 utilized by the executive director to carry out the provisions of this Chapter and the
9 commission's responsibilities.
10 §3731. Domicile; meetings; compensation; quorum; books and records; audit report
11 A.(1) The commission shall meet in the city of Baton Rouge, which place
12 is fixed as the domicile of the commission.
13 (2) Meetings of the commission are subject to the Open Meetings Law, R.S.
14 42:11 et seq.
15 (3) Unless otherwise provided by law, all meetings of the commission shall
16 be conducted in accordance with Robert's Rules of Order.
17 B. The commission shall hold regular meetings in January, April, July, and
18 October of each calendar year. The chairman may call special meetings of the
19 commission as he deems necessary. The meeting time shall be designated by the
20 chairman. Notice of commission meetings shall be posted on the commission's
21 website and at the commission's office at least ten days prior to the date when the
22 commission is to meet.
23 C. At least two days before the date a special meeting is held, notice of the
24 time, place, and purpose of the meeting shall be sent by the chairman or vice
25 chairman of the commission to the members of the commission by electronic means.
26 D. A majority of the members of the commission constitutes a quorum to
27 conduct business.
28 E. There shall be no voting by proxy.
29 F. The treasurer is responsible for receiving and accounting for all money
30 derived from the operation of this Chapter.
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1 G. The commission shall maintain a roster showing the names and places of
2 business of all persons licensed by the commission. The roster shall be made
3 available on the commission's official website.
4 H. The secretary of the commission shall oversee and attest to the minutes
5 of each meeting. These minutes shall be made available to each commission
6 member and to the public upon adoption of those minutes at the next scheduled
7 meeting of the commission.
8 I. Within one hundred fifty days of the last day of each calendar year, a
9 certified public accounting firm approved by the state official charged with the
10 auditing of public records and accounts shall audit the financial records of the
11 commission, submit the report of its audit to the legislative auditor, and shall file a
12 copy of that audit with the secretary of state to be attached to the report of the
13 commission on file.
14 PART II. CODE ADOPTION AND ENFORCEMENT
15 §3732. Adoption and promulgation of certain building codes and standards as
16 Uniform Construction Code; procedures
17 A. Code review committees established by the commission shall advise,
18 review, and recommend amendment of the Uniform Construction Code to the
19 commission. The commission shall review and finalize the adoption and amendment
20 of the Uniform Construction Code, and promulgate changes to the Uniform
21 Construction Code, in accordance with all of the following:
22 (1) The commission shall promulgate rules and regulations to amend the
23 Uniform Construction Code in accordance with the provisions of the Administrative
24 Procedure Act.
25 (2)(a) The commission shall promulgate rules and regulations to adopt the
26 Uniform Construction Code in accordance with the Administrative Procedure Act.
27 Notwithstanding the provisions of R.S. 49:966(B)(12), the Senate Committee on
28 Commerce, Consumer Protection, and International Affairs; the Senate Committee
29 on Health and Welfare; the House Committee on Commerce; and the House
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1 Committee on Health and Welfare have oversight of the initial adoption of the
2 Uniform Construction Code.
3 (b) The Senate Committee on Commerce, Consumer Protection, and
4 International Affairs and the House Committee on Commerce shall receive notice
5 of intent to amend the Uniform Construction Code and have oversight of any
6 amendment pursuant to the provisions of the Administrative Procedure Act.
7 (3)(a) The commission shall review, evaluate, and amend the codes within
8 the Uniform Construction Code no later than five years from the date of publication
9 of the appropriate code. The commission shall submit the amended Uniform
10 Construction Code to the House Committee on Commerce and the Senate Committee
11 on Commerce, Consumer Protection, and International Affairs for oversight and
12 approval. The commission shall provide each house of the legislature with a
13 summary of any major proposed amendments to the International Residential Code
14 at the time of submission to the oversight committees.
15 (b) The commission may suspend the five-year deadline in Subparagraph (a)
16 of this Paragraph for a period of up to one year in the event of a declaration of
17 disaster or emergency by the governor, or by the president of the United States, a
18 pandemic, or other acts of God.
19 (4) The commission shall, in accordance with the Administrative Procedure
20 Act, adopt or amend provisions of the Uniform Construction Code to satisfy any
21 requirement of a consent decree or order entered in a federal court of competent
22 jurisdiction relative to maintaining or building a public sewage system. These
23 provisions shall specify in which municipalities or parishes the rules and regulations
24 adopted pursuant to this Paragraph apply.
25 §3733. Mandatory adoption of certain nationally recognized codes and standards as
26 the State Uniform Construction Code; adoption by reference
27 A. The commission shall evaluate, adopt, and amend only the latest editions
28 of all of the following as the Uniform Construction Code:
29 (1) International Building Code (IBC), not including Chapter 1-Scope and
30 Administration, and Chapter 27-Electrical. The applicable standards referenced in
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1 that code are included for the regulation of construction within this state. The
2 appendices of that code may be adopted as needed, but the specific appendix or
3 appendices shall be referenced by name or letter designation at the time of adoption.
4 (2) International Existing Building Code (IEBC), not including Chapter 1-
5 Scope and Administration. The applicable standards referenced in that code are
6 included for the regulation of construction within this state. The appendices of that
7 code may be adopted as needed, but any specific appendix or appendices shall be
8 referenced by name or letter designation at the time of adoption.
9 (3) International Residential Code (IRC), not including Part I-
10 Administrative, and Part VIII-Electrical. The applicable standards referenced in that
11 code are included for the regulation of construction within this state. The
12 commission shall not adopt or enforce any part of the International Residential Code
13 or any other code or regulation that requires a fire protection sprinkler system in one-
14 or two-family dwellings. A municipality or parish shall not adopt or enforce an
15 ordinance or other regulation requiring a fire protection sprinkler system in one- or
16 two-family dwellings.
17 (4) International Mechanical Code (IMC). The applicable standards
18 referenced in that code are included for the regulation of construction within this
19 state. The appendices of the code provided in this Paragraph may be adopted as
20 needed, but any specific appendix or appendices shall be referenced by name or letter
21 designation at the time of adoption.
22 (5) International Plumbing Code (IPC). The applicable standards referenced
23 in that code are included for the regulation of construction within this state. The
24 appendices of that code may be adopted as needed, but any specific appendix or
25 appendices shall be referenced by name or letter designation at the time of adoption.
26 (6) International Fuel Gas Code (IFGC). The applicable standards referenced
27 in that code are included for the regulation of construction within this state. The
28 appendices of the code provided in this Paragraph may be adopted as needed, but any
29 specific appendix or appendices shall be referenced by name or letter designation at
30 the time of adoption.
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1 (7) International Energy Conservation Code (IECC) and all optional
2 compliance paths contained therein, and the standards referenced in that code. The
3 applicable standards referenced in that code are included for the regulation of
4 construction within this state.
5 (8) National Electrical Code (NEC).
6 B. The initial code adopted by the commission pursuant to the provisions of
7 this Part became effective on January 1, 2007.
8 C.(1) The state health officer may provide the commission with
9 recommended amendments to the plumbing provisions adopted pursuant to this
10 Section. All recommended amendments provided to the commission by the state
11 health officer shall be presented to the commission for review. The commission
12 shall review recommended amendments and vote on whether or not to include those
13 amendments as part of the Uniform Construction Code at the next regularly
14 scheduled meeting of the commission, but no sooner than thirty days after receipt.
15 (2) Nothing in this Section nor any provisions adopted pursuant to this
16 Section shall lessen the licensing qualifications and requirements provided in R.S.
17 37:1361 et seq.
18 §3734. Codes applicable to building inspections
19 Notwithstanding any other law to the contrary, a licensed inspector shall
20 conduct a building inspection using the requirements of the codes in effect for the
21 locality on the date of the application for the original building permit.
22 §3735. Powers of state fire marshal
23 A.(1) The state fire marshal may enter into an agreement by letter of intent
24 with a public entity to enforce the Uniform Construction Code on behalf of a
25 municipality or parish as provided in R.S. 37:3740.
26 (2)(a) An agreement pursuant to Paragraph (1) of this Subsection may
27 include a provision allowing the state fire marshal to take into consideration practical
28 and unreasonable economic hardships before applying the strict requirements of this
29 Chapter. Pursuant to a contractual agreement with a municipality or parish executed
30 in accordance with the provisions of this Subsection and upon appeal of the
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1 professional of record for a plan review of a structure, except one- or two-family
2 dwellings, the state fire marshal may allow alternative materials, design, and
3 methods of construction and equipment that comply with the provisions of the
4 International Building Code, Chapter 1-Scope and Administration, relative to
5 alternative materials, design, and methods of construction and equipment.
6 (b) The state fire marshal may adopt, in accordance with the Administrative
7 Procedure Act, the provisions set forth in the International Building Code, Chapter
8 1-Scope and Administration, relative to alternative materials, design, and methods
9 of construction and equipment.
10 B. Nothing in this Chapter prevents the state fire marshal from enforcing the
11 fire protection, life safety, accessibility, and high-rise laws of this state, the
12 enforcement of which is his statutory and regulatory responsibility.
13 C. The fire marshal shall enforce the fire protection, egress, and accessibility
14 provisions of the Uniform Construction Code, excluding the provisions for one- and
15 two-family dwellings, with referenced standards as adopted by the commission in
16 accordance with R.S. 37:3733.
17 §3736. Municipalities and parishes; home rule charter
18 A. Nothing in this Chapter shall conflict with the provisions of Article VI,
19 Sections 4 and 6 of the Constitution of Louisiana pertaining to the powers, functions,
20 and duties of local governments; the structure and organization of, or the particular
21 distribution and redistribution of the powers and functions of, any local government
22 operating pursuant to a home rule charter; or prohibit a local government from
23 adopting ordinances for the local administration of the construction code provided
24 for in this Chapter or for any procedures in connection with the local enforcement
25 of the provisions of this Chapter.
26 B. In the enforcement of any provision of the construction code provided for
27 in this Chapter, if any provision of this Chapter conflicts with the provisions of a
28 home rule charter pertaining to the powers, functions, and duties of a local
29 government; or with the structure, organization, or distribution of the powers and
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1 functions of that local government; the provisions of that home rule charter
2 supersede the conflicting provisions of this Chapter.
3 §3737. Enforcement of the Uniform Construction Code by municipalities and
4 parishes
5 A.(1) Notwithstanding any law to the contrary relating to the authority of
6 local governments to enforce building codes, all municipalities and parishes in this
7 state shall enforce only the Uniform Construction Code provided in this Chapter and
8 as promulgated in the commission's rules and regulations. Licensed contractors, and
9 homeowners exempted from the contractor licensing law pursuant to R.S. 37:2157,
10 may establish agreements with private inspectors to conduct plan reviews,
11 inspections, and enforce the State Uniform Construction Code. All public entities,
12 licensed contractors, and homeowners shall use only inspectors licensed by the
13 commission to enforce this Chapter. Enforcement procedures by licensed inspectors
14 include examination or review of plans, drawings, or specifications; the conducting
15 of inspections; and the issuance, denial, or revocation of permits. A local
16 jurisdiction shall not accept an inspection report or plan review for the enforcement
17 of the Uniform Construction Code from a private inspector unless that inspector has
18 a contract to provide inspection services with that jurisdiction for which they are
19 performing the inspection, or has registered with that jurisdiction. Nothing in this
20 Chapter allows any local government to avoid enforcement, or to otherwise amend
21 any of the mandatory construction code provisions required in this Chapter, or to
22 prohibit licensed contractors or homeowners from using licensed private inspectors.
23 (2) To register with a jurisdiction, a private inspector shall provide that
24 jurisdiction with his commission registration number, a copy of his professional
25 liability insurance, and a list of the types of inspections he is certified to perform.
26 The private inspector shall submit a report of each inspection performed to the
27 proper jurisdiction. All inspection reports and plan reviews are subject to approval
28 or denial, in writing, by the Certified Building Official of the jurisdiction based on
29 the current adopted code.
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1 (3) Each authority having jurisdiction shall make all public records
2 pertaining to building permits available to registered private inspectors without the
3 need for individual requests for information per permit.
4 (4) Any jurisdiction rejecting an inspection report provided by a registered
5 private inspector shall provide a reason for the rejection in writing, and shall include
6 the code reference that relates to any identified violation.
7 (5) Any person whose inspection report or plan review is denied by a local
8 governing authority having jurisdiction may appeal such action through an appeal
9 process established by that local governing authority.
10 B. Nothing in this Part shall conflict with the United States Department of
11 Housing and Urban Development regulations regarding manufactured housing
12 construction or the provisions of R.S. 51:912.21 et seq. related to manufactured
13 housing installation. It is the intent of the legislature that any service, renovation,
14 repair, or warranty work on a manufactured home is performed in accordance with
15 the appropriate federal standards governing manufactured housing construction or
16 state standards governing installation, and that all such work be subject to the
17 authority of the commission. Any jurisdiction that collects a fee for the placement
18 of manufactured housing shall confirm through inspection that the installation meets
19 the requirements as set forth by the commission, and that all egress paths meet
20 International Residential Code standards.
21 C. In connection with the construction of any building, structure, or other
22 improvement to immovable property, neither the performance of any enforcement
23 procedure nor any provision of Uniform Construction Code constitutes or is to be
24 construed as a warranty or guarantee by a governmental enforcement agency as to
25 durability or fitness, or as a warranty or guarantee by an inspector who contracts or
26 registers with a municipality or parish as provided for in R.S. 37:3740, that a
27 building, structure, or other improvement to immovable property or any materials,
28 equipment, or method or type of construction used in that work is or will be free
29 from defects, will perform in a particular manner, is fit for a particular purpose, or
30 will last in any particular way. In the enforcement of any provision of the Uniform
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1 Construction Code provided for in this Chapter, or of any regulations pursuant to
2 R.S. 33:4771 et seq., the performance or nonperformance of any procedure by a
3 governmental enforcement agency, contract employee, official, or inspector is a
4 discretionary act and subject to the provisions of R.S. 9:2798.1.
5 D. Notwithstanding any law to the contrary, a municipality or parish shall
6 not require that a residential building plan for a one- or two-family dwelling be
7 prepared or stamped by a licensed architect or engineer if that dwelling falls within
8 the prescriptive standards of the International Residential Code currently adopted in
9 the Uniform Construction Code.
10 E.(1) Upon receipt of the certificate of occupancy issued by a local inspector
11 for a new residential construction, a lender providing a residential mortgage loan for
12 the purchase of that new residential construction shall file a copy of the certificate
13 of occupancy in the conveyance records of the parish where that new residential
14 construction is located. Failure of the lender to file that document in the local
15 conveyance records does not invalidate the legal effects of any transaction related
16 to that property, including but not limited to the construction, purchase, sale, or
17 transfer of title of the new residential construction.
18 (2) The owner of the new residential construction shall provide the lender
19 a copy of the certificate of occupancy.
20 (3) A lender that files a copy of the certificate of occupancy in the local
21 conveyance records pursuant to the provisions of this Subsection may assess a
22 reasonable charge to the borrower for all costs associated with the filing of that
23 certificate, not to exceed the amount charged by that parish for filing those
24 documents.
25 (4) If the provisions of this Chapter cease to be enforced by a parish, the
26 provisions of this Section become null and void in that parish.
27 F. A public entity may accept determinations made by the state fire marshal
28 as they pertain to life safety and fire protection as required in this Chapter.
29 G. The building official for the parish, municipality, or regional planning
30 commission, as authorized pursuant to R.S. 37:3740 and appointed pursuant to R.S.
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1 37:3741, or a properly-licensed inspector designated by that building official, shall
2 enforce the plumbing provisions adopted pursuant to this Chapter.
3 H. For purposes of enforcement of the Uniform Construction Code pursuant
4 to this Section, a properly-licensed inspector shall conduct all inspections of any
5 commercial or residential structure, and be present on site for all inspections other
6 than roofing inspections, reinspections where that inspector previously visited the
7 site, and emergency utility reconnection inspections. The building official may
8 accept photographs or videos that are location-verified with geotagging for required
9 roofing or reroofing inspections of any commercial or residential structure,
10 reinspections where the same inspector previously visited the site, and emergency
11 utility reconnection inspections.
12 I. Any municipality or parish that issues a permit for construction pursuant
13 to this Chapter shall do all of the following:
14 (1) Permit and inspect all buildings, other than one- and two-family
15 dwellings, for roof construction and reroofing in compliance with the International
16 Building Code Chapter 15 requirements as adopted and promulgated by the
17 commission.
18 (2) Permit and inspect one- and two-family dwellings for roof construction
19 and reroofing in compliance with the International Residential Code Chapters 8 and
20 9 requirements as adopted and promulgated by the commission.
21 §3738. Exemptions relating to enforcement of Uniform Construction Code
22 A. Excluding the applicable requirements of the International Plumbing
23 Code, the provisions of this Chapter do not apply to any construction or
24 improvement inside the secured or fenced confines of industrial facilities that are
25 engaged in activities classified as one or more of the following subsectors, industry
26 groups, or industries of the 2012 North American Industry Classification System:
27 (1) 22111 electric power generation.
28 (2) 3211 saw mills and wood preservation.
29 (3) 322 paper manufacturing.
30 (4) 324 petroleum and coal products manufacturing.
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1 (5) 325 chemical manufacturing.
2 (6) 326 plastics and rubber products manufacturing.
3 (7) 331 primary metal manufacturing.
4 (8) 562211 hazardous waste treatment and disposal.
5 (9) 562212 solid waste landfill.
6 (10) 424710 petroleum bulk stations and terminals.
7 (11) 486110 pipeline transportation of crude oil.
8 (12) 486910 pipeline transportation of refined petroleum products.
9 (13) 482610 pipeline transportation of natural gas.
10 (14) 486990 all other pipeline transportation.
11 (15) 211112 natural gas liquid extraction.
12 (16) 211 oil and gas extraction.
13 (17) 3212 veneer, plywood, and engineered wood product manufacturing.
14 (18) 486 pipeline transportation.
15 (19) 213 support activities for mining.
16 B.(1)(a) For the purposes of this Section, "farm structure" means a structure
17 constructed on a farm, other than a residence or a structure attached to it, for use on
18 the farm including but not limited to barns, sheds, and poultry houses but not public
19 livestock areas. "Farm structure" does not include a structure originally qualifying
20 as a farm structure, but later converted to another use.
21 (b) For the purposes of this Section, "residential accessory structure" means
22 a structure not exceeding two hundred square feet in footprint, and not attached to
23 a residence, that is used as an accessory to the primary use of the residence, and not
24 constructed in regions where the ultimate design windspeed required by the Uniform
25 Construction Code, as promulgated by the commission, equal or exceed one hundred
26 thirty miles per hour in hurricane-prone regions.
27 (2) The governing authority of a parish or municipality shall not enforce that
28 portion of the Uniform Construction Code which regulates the construction or
29 improvement of a farm structure or private outdoor recreational structure, other than
30 a residence or structure attached to a residence, such as a hunting or fishing camp or
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1 residential accessory structure. However, a municipality with a population in excess
2 of forty-five thousand according to the latest federal decennial census may enforce
3 that portion of the Uniform Construction Code which regulates the construction or
4 improvement of a residential accessory structure.
5 (3) For residential or commercial construction, the standards published by
6 the Federal Emergency Management Agency for the National Flood Insurance
7 Program apply.
8 (4) The provisions of this Section do not affect the power of the governing
9 authority of a parish or municipality to issue building permits for the construction or
10 improvement of a farm or private outdoor recreational structure.
11 C. The provisions of this Chapter do not apply to the construction or
12 improvement of any project totally owned by the federal government.
13 D.(1) The regulation of a utility provider's authority to operate and serve
14 customers is a matter of statewide concern. No code, ordinance, land use restriction
15 or general or specific plan provision or part of a code, ordinance, land use regulation
16 or general or specific plan provision adopted by a parish or municipality may
17 prohibit or restrict a person's or entity's ability to use the services of a utility provider
18 that is capable and authorized to provide the utility service at a person's or entity's
19 property.
20 (2) A parish or municipality shall not deny a permit application based on the
21 utility provider proposed to provide utility service to the project.
22 (3) A parish or municipality issuing a building permit shall ensure that all
23 applicable permits and associated fees assessed on a building permit applicant
24 contain requirements and amounts that do not exceed the requirements and amounts
25 for use of other utility providers and do not have the effect of restricting a permit
26 applicant's ability to use the services of a utility provider that is capable and
27 authorized to provide utility service.
28 (4) This Section does not prohibit a parish or municipality from recovering
29 reasonable costs associated with reviewing a building permit, issuing a building
30 permit, and performing inspections to verify code compliance.
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1 (5) A parish or municipality shall not impose a fine, penalty, or other
2 requirement that restricts a utility provider's authority to operate or serve customers.
3 (6) This Section does not affect the authority of a parish or municipality to
4 manage the public highways within its boundaries, or to exercise its police powers
5 to review and approve an application before issuing a permit to perform work in the
6 public highways, or to enforce associated permit conditions.
7 (7) This Section does not affect the authority of a parish or municipality to
8 manage or operate a publicly-owned utility.
9 (8) For the purposes of this Section, "utility service" means natural gas
10 provided to an end user.
11 (9) The provisions of this Section apply notwithstanding any contrary
12 provision of law.
13 E. Nothing in this Chapter or any provision adopted pursuant to this Chapter
14 prohibits the Louisiana Department of Health from doing any of the following:
15 (1) Regulating stored water temperatures through enforcement of the
16 Sanitary Code.
17 (2) Regulating medical gas and medical vacuum systems.
18 F. An order or consent decree relative to maintaining or building a public
19 sewage system that is entered in a federal court of competent jurisdiction supersedes
20 the plumbing provisions of this Part or plumbing provisions adopted pursuant to this
21 Part.
22 G. Notwithstanding any provision of law to the contrary, all manufactured
23 homes built to federal construction standards are subject only to the plumbing
24 provisions in federal law. Manufactured homes are not subject to state plumbing
25 regulations, whether the manufactured home is connected to a public or private
26 sewer system. However, that connection shall be completed and maintained by a
27 plumber licensed in this state.
28 H. State-owned buildings are not subject to local permitting, review, or
29 oversight but are required to comply with the flood zone requirements of the
30 National Flood Insurance Program in accordance with R.S. 40:1724.
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1 §3739. Mandamus and injunctive relief for violation of code or regulation; penalties
2 For a violation of the Uniform Construction Code or a regulation adopted
3 pursuant to this Chapter, the local building official may enjoin further construction
4 of the project as provided by local ordinance. The municipal, district, or parish
5 attorney, attorney general, or other appropriate authority of a political subdivision,
6 in addition to other remedies, may apply for injunctive relief, mandamus, or other
7 appropriate proceeding in the district court of the parish where the violation
8 occurred.
9 §3740. Agreements with other governmental entities for provision of services;
10 private agreements
11 A public entity may establish an agreement with another public entity of this
12 state, or with a licensed private inspector, to issue permits and enforce the Uniform
13 Construction Code in accordance with this Chapter. In the event of such an
14 agreement, the maximum fees applicable to the issuance of permits and the
15 enforcement of the code shall be established by the governing body of the public
16 entity. A public entity that establishes an agreement with another public entity of
17 this state, or with a licensed private inspector, to enforce the Uniform Construction
18 Code shall not impose a fee for an inspection not performed by that municipality or
19 parish if a fee for the inspection was collected by the public entity or the licensed
20 private inspector that actually performed the inspection.
21 §3741. Appointment of building official or contractual arrangement for such
22 services; affidavit for exemption
23 A public entity shall appoint a person to act as its building official to oversee
24 the unincorporated area of the public entity. Only a licensed inspector holding a
25 general license classification may be appointed to act as a building official of a
26 public entity. A person shall not be appointed as a building official or inspector for
27 that public entity if he has any interest in any legal entity that performs commercial
28 or residential construction within the jurisdiction in which he would be appointed.
29 Nothing in this Chapter prevents a municipality or parish from appointing and
30 employing additional licensed inspectors necessary to perform the required
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1 inspections and technical duties and prescribing fees for construction permits and
2 inspections as provided by law.
3 §3742. Conflicts of interest
4 A. A licensed private inspector shall not perform inspections on any project
5 in which that inspector has a direct or indirect financial interest. Nothing in this
6 Section prohibits a licensed private inspector from holding other professional
7 licenses, provided no conflict of interest exists with respect to a specific project.
8 B. A person acting as a licensed public inspector shall not act as a licensed
9 contractor with the board or as a licensed plumber with the State Plumbing Board
10 within the same jurisdiction in which he has authority, is employed by, or is
11 contracted to.
12 C. A staff member, agent, employee, or inspector of a public entity or of a
13 private inspection company shall not make a final decision on an administrative
14 decision required by this Chapter if the outcome of that decision would have a direct,
15 substantial, and readily identifiable financial impact on that staff member, or if the
16 applicant or other person subject to that decision is a person with whom the staff
17 member has a familial relationship, business, or other associational relationship. If
18 the person making that final decision has a conflict of interest pursuant to this
19 Section, that decision shall be assigned to his supervisor, or to another person as may
20 be designated by the development regulation or other ordinance. A person shall not
21 be financially interested in, or employed by a business that is financially interested
22 in a development subject to regulation pursuant to this Chapter unless that person is
23 the owner of the land or building involved. A person or other individual or an
24 employee of a company contracting with a public entity to provide staff support shall
25 not engage in any work that is inconsistent with his duties or with the interest of the
26 public entity, as determined by the public entity.
27 D. An employee or member of an inspection department shall not be
28 financially interested in, or employed by a business that is financially interested in,
29 the furnishing of labor, material, or appliances for the planning, specification,
30 construction, alteration, or maintenance of a building within the public entity's
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1 planning and development regulation jurisdiction unless he is the owner of that
2 building. A member or other individual of an inspection department, or employee
3 of a company contracting with a public entity to conduct inspections, shall not
4 engage in work that is inconsistent with his duties or with the interest of the public
5 entity as determined by that public entity.
6 E. A licensed inspector shall comply with all provisions of the Code of
7 Governmental Ethics and any other applicable state ethics laws.
8 F. A licensed inspector performing an inspection on a building or structure
9 shall disclose a conflict of interest if that inspector has any of the following
10 characteristics:
11 (1) Owns any interest in the legal entity that constructed that structure or
12 receives any compensation as an inspector from the legal entity.
13 (2) Worked for the owner, developer, contractor, or project manager of the
14 project to be inspected within the last three years.
15 (3) A familial relationship to the owner, developer, contractor, or project
16 manager of the project to be inspected.
17 (4) A financial or business interest in the project to be inspected.
18 G. If a licensed inspector has a conflict of interest pursuant to this Section,
19 the inspection of the relevant building or structure shall be assigned to the supervisor
20 of that inspector or to another inspector designated by the public entity or private
21 inspector company.
22 PART III. LICENSING
23 §3743. License types, classifications, and general information
24 A. In accordance with R.S. 37:3730, the commission may issue the
25 following types of inspector licenses:
26 (1) Public Inspector.
27 (2) Private Inspector.
28 B.(1) A public inspector or private inspector may be classified in the
29 category of a general license classification or a specialty license classification.
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1 (2) A licensee holding a general license classification is permitted to perform
2 any work specified within a specialty license classification for any structure.
3 "Certified Building Official", "Master Code Professional", "Louisiana Licensed
4 Architect", and "Louisiana Licensed Engineer" are categorized as general license
5 classifications.
6 C. An applicant for a general or specialty license classification is required
7 to meet the relevant qualification requirements promulgated in the commission's
8 rules and regulations in addition to all other licensing requirements pursuant to R.S.
9 37:3744 prior to licensure.
10 D. An applicant for an inspector license shall meet the licensing
11 requirements provided in R.S. 37:3744 to obtain that license. After those license
12 requirements have been met, the license will be issued to the applicant, and the
13 license shall state the inspector's license classification for which he has completed
14 all of the relevant requirements. Following issuance of the license by the
15 commission, the inspector shall do all of the following:
16 (1) Adhere to the license requirements during the license's active period
17 pursuant to R.S. 37:3746.
18 (2) Perform only inspection work included in the license classification within
19 which his license was issued.
20 (3) Conduct all transactions and perform work in the name that appears on
21 both his current license and in the official records of the commission.
22 (4) Notify the commission of any change to the information provided on his
23 application within thirty days of that change.
24 E. A licensee may request additions or changes to an existing license by
25 application, and these changes become effective after that license successfully
26 completes all relevant requirements, including any license classification requirement,
27 and pays the required fee.
28 F. Pursuant to the provisions of this Chapter, license expiration and renewal
29 procedures are as follows:
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1 (1) An initial license and any subsequent renewal issued expires one year
2 from the date on which the license was originally issued.
3 (2) A license expires on the last day of the period for which it was issued
4 unless renewed. A person failing to make timely renewal of his license, which
5 includes meeting all renewal requirements prior to the expiration of his license, is no
6 longer licensed and shall not practice until licensed in accordance with this Chapter.
7 (3) A licensee is eligible for renewal of his license sixty days before the
8 expiration of that license. If a licensee does not renew his license within one year of
9 its expiration, his license is no longer eligible for renewal, and an application for a
10 new license may be submitted, and upon approval, a new license shall be issued.
11 (4) After a license has expired, the licensee has fifteen days following the
12 expiration date to apply for renewal without incurring a delinquent fee and a lapse
13 in his licensure.
14 (5) The renewal of a license is based upon a determination made by the
15 commission of the applicant's participation in continuing education programs. The
16 commission shall promulgate regulations setting forth the continuing education
17 requirements for inspectors.
18 G. A license issued pursuant to this Chapter is not transferable.
19 §3744. Application and renewal requirements
20 A. The licensing requirements for the inspector licenses include submission
21 of all of the following:
22 (1) For initial licensure or renewal, a completed application on a form
23 adopted by the commission. No application shall be considered from any state or
24 local governmental body, including any agency of any state or local governmental
25 body, or any corporation or other entity owned or controlled by a state or local
26 governing body.
27 (2) Any identifying information required by the commission. An applicant
28 for renewal shall verify his identifying information on record with the commission
29 and provide updated information if a change occurs. An applicant for a license shall
30 be a United States citizen or legal resident of the United States. All identifying
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1 information and the applicant's answers to any background questions are subject to
2 verification. Identifying information may include the following:
3 (a) Full legal name.
4 (b) Date of birth.
5 (c) Contact information, including physical address, phone number, and
6 email address.
7 (d) Social security number, if the applicant is a citizen of the United States.
8 (e) Individual Taxpayer Identification Number, United States Citizenship
9 and Immigration Services number, or Visa number, if the applicant is not a citizen
10 of the United States.
11 (f) Employer identification number of a legal business entity, or if the
12 business is a disregarded entity, the employer identification number of its parent
13 company.
14 (3) For a private inspector company applicant, a financial statement on a
15 form supplied by the commission. The financial statement and any information
16 contained within, as well as any other financial information required to be submitted
17 by a contractor, shall be confidential and not subject to the provisions of the Public
18 Records Law, R.S. 44:1 et seq. The financial statement and its information shall
19 contain all of the following:
20 (a) The name of the private inspector company.
21 (b) Information current to within twelve months of the date of filing the
22 application.
23 (c) Proof of a net worth of at least ten thousand dollars, or the commission
24 may allow an applicant to submit an irrevocable letter of credit in the amount of the
25 net worth requirement plus the amount of the applicant's negative net worth, if any.
26 (d) Verification and signature by an accountant, bookkeeper, or certified
27 public accountant, or in lieu of a signature by a certified public accountant on the
28 commission's form, a current financial statement prepared by a certified public
29 accountant may be attached.
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1 (e) Verification and signature by the applicant affirming all information is
2 true and correct.
3 (4) For a private inspector applicant or for the principal of a private inspector
4 company applicant, information required by the commission for a background
5 investigation, including identification, criminal history, and financial history. The
6 commission may deny approval of an applicant or its principal for cause. The
7 background investigation shall include all of the following:
8 (a) Fiduciary or monetary matters including but not limited to any
9 bankruptcy, judgment, insolvency, or lien.
10 (b) Any criminal offense resulting in a conviction, guilty plea, or plea of nolo
11 contendere.
12 (5) For a public inspector applicant, information required by the commission
13 for a background investigation, including identification and criminal history. The
14 commission may deny approval of a public inspector applicant for cause. The
15 background investigation shall be conducted in relation to any criminal offense
16 resulting in a conviction, guilty plea, or plea of nolo contendere.
17 (6)(a) Professional liability insurance certificates evidencing a minimum
18 coverage amount of five hundred thousand dollars shall be submitted by private
19 inspector applicants for a private inspector company. There is no professional
20 insurance coverage requirement for licensure for public inspector applicants
21 employed by public entities.
22 (b) Proof of insurance coverage shall be provided by an agent, broker, or
23 insurance company showing all of the following:
24 (i) The name of the licensee.
25 (ii) The name of the insurance company.
26 (iii) The name and address of the insurance broker.
27 (iv) The insurance policy number.
28 (v) The beginning and ending insurance coverage dates. Coverage shall be
29 for a minimum of six months.
30 (vi) No exclusions for the scope of work for which the licensee is licensed.
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1 (vii) The commission listed as a certificate holder.
2 (c) Failure to maintain continuous professional liability insurance coverage
3 during the active period of the license may be grounds for suspension or revocation
4 of the license and other disciplinary action by the commission.
5 (7) Proof of business registration with the secretary of state. A license shall
6 not be issued to a business entity that is not registered with the secretary of state or
7 does not hold a certificate of authority to do business in good standing.
8 (8) Documentation to verify the identity of an applicant or to verify a
9 business entity's formation, structure, and its current owners or principals. This may
10 include a government-issued identification card, a government-issued driver's
11 license, articles of incorporation, articles of organization, a certificate of formation,
12 a partnership agreement, bylaws, an operating agreement, meeting minutes, and any
13 amendments made to those documents.
14 (9) Any applicable fees, fines, or other sums due to the commission shall be
15 paid in full.
16 B. A license shall not be issued to a business entity that operates as a trade
17 name, assumed name, or a "doing-business-as" name. A license may only be issued
18 to a legal business entity. Only the name of a legal business entity or the legal name
19 of an individual shall be shown on the official records of the commission.
20 C. An applicant who provides any false statement, answer, or information
21 may be rejected by the commission and a new application may be requested. If any
22 false statement, answer, or information is discovered after a license has been issued,
23 the commission may suspend that license and take other disciplinary action.
24 D. An initial license application is considered pending until all licensing
25 requirements are met and the license is issued or denied by the commission. If an
26 application remains pending for one year from the date of submission, the
27 application is invalid.
28 E. Notwithstanding any other provision of law to the contrary, criminal
29 background information in the possession of the board or the commission is
30 confidential and shall not be disclosed to others outside of the agency except as
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1 necessary for action on the application of the applicant. However, any such record
2 may be released to the public in an administrative proceeding before the board or
3 commission, and any final determination made by the board or commission relative
4 to the fitness of any person to receive or to continue to hold a license issued by the
5 board or commission and any legal grounds upon which such determination is based
6 shall be a public record, as provided by R.S. 44:4(51)(a). This is not to be construed
7 to interfere or with limit the jurisdiction and oversight of the legislative auditor or
8 the inspector general. Criminal history records obtained from the Louisiana Bureau
9 of Criminal Identification and Information shall be exempt from public disclosure
10 pursuant to R.S. 44:3 and shall not be released publicly by the board or the
11 commission.
12 F.(1) An applicant denied licensure due to a background investigation may
13 appeal to the commission.
14 (2) A denied applicant may request in writing a review of the denial by the
15 commission within thirty calendar days from receipt of the denial.
16 (3) The commission shall review the denial at its next regularly scheduled
17 meeting and affirm or reverse the denial.
18 (4) The person who requested the appeal shall be notified of the
19 commission's final decision in writing.
20 (5) The commission shall provide written notice of any denial, suspension,
21 or revocation to the applicant within ten business days, including the specific
22 grounds for such action and notice of the right to appeal pursuant to the
23 Administrative Procedure Act.
24 §3745. Licensing fees
25 A.(1) To defray the cost of issuing licenses and of administering the
26 provisions of this Chapter, the commission may set reasonable fees to be assessed
27 pursuant to the provisions of this Chapter, and reasonable penalties to be assessed for
28 late applications for renewal of licenses; however, the basic license fee shall be no
29 more than one hundred dollars, and the fee for additional classifications shall be a
30 lesser amount set by the commission.
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1 (2) All fees received by the commission in accordance with this Chapter
2 shall be solely used to effectuate the provisions of this Chapter.
3 (3) All fees shall be paid prior to the issuance of a license or other changes
4 or additions to an existing license.
5 (4) Any and all licensing fees for public inspectors are waived.
6 B. Fees for licenses shall not exceed the following amounts:
7 (1) Classification qualification research fee $50.00
8 (2) License fee $100.00
9 (3) Renewal fee $100.00
10 (4) Delinquent fee $25.00
11 (5) Applicant investigative fee $50.00
12 (6) Renewal investigative fee $50.00
13 (7) Processing fee $25.00
14 (8) Insurance lapse fee, first offense $250.00
15 (9) Insurance lapse fee, second or subsequent offense $500.00
16 (10) Request for state license verification fee $25.00
17 (11) License reinstatement/reactivation fee $250.00
18 (12) Legal name change fee $25.00
19 (13) Business structure change fee $50.00
20 §3746. Requirements of a licensee; record keeping; duty to report
21 A.(1) A licensee has a duty to maintain and provide unredacted records to
22 the commission as it may require to ensure the licensee is in compliance with the
23 law. The licensee shall maintain these records for five years. A licensee shall
24 provide records upon request by the commission within five business days of receipt
25 of the request.
26 (2) A licensee shall maintain on record with the commission current contact
27 information, such as legal name, mailing address, email address, phone numbers, or
28 any other required information. The licensee's email address on record with the
29 commission shall be used for official correspondence. Failure to maintain current
30 information with the commission may delay the issuance of a license, the timely
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1 renewal of a license, or the receipt of updates to laws, rules, and regulations related
2 to this industry.
3 (3) A licensee shall maintain all requirements for licensure, including but not
4 limited to all of the following:
5 (a) Professional liability insurance without a lapse in coverage, pursuant to
6 R.S. 37:3744.
7 (b) Classification requirements for any active classification held by the
8 licensee. This includes any required certifications held with another agency, board,
9 commission, council, organization, or with the International Code Council.
10 (c) Active status with the secretary of state if the private inspector is
11 operating under a business name.
12 (4) A licensee shall provide written notification to the board within thirty
13 calendar days of any of the following occurrences:
14 (a) A change to any information provided in the original application or in
15 any amendment to that application, such as changes to his contact information,
16 changes to his employment with a public entity or private inspector company, or
17 changes to a private inspector company's ownership or business structure.
18 (b) A criminal, civil, or administrative action instituted or pending in another
19 jurisdiction against or involving the licensee or a principal of the licensee.
20 B. Failure to comply with the provisions of this Section may result in
21 disciplinary action by the commission pursuant to R.S. 37:3747.
22 PART IV. DISCIPLINARY MEASURES
23 §3747. Revocation and suspension of licenses; issuance of cease-and-desist orders;
24 debarment; violations; penalty; criminal penalty
25 A. A person shall not act as an inspector unless that person holds an active
26 inspector license in accordance with this Chapter. The commission may revoke,
27 suspend, or refuse to renew a license; issue cease-and-desist orders to stop work;
28 issue fines and penalties; or debar any person licensed pursuant to this Chapter for
29 any of the following violations:
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1 (1) Failing to comply with this Chapter or the commission's rules and
2 regulations.
3 (2) Failing to continuously maintain the requirements for licensure.
4 (3) Undertaking, attempting to, submitting, offering to conduct, supervise,
5 superintend, oversee, direct, or in any manner assume charge of the performance of
6 building inspections as a building inspector, or the review or examination of
7 construction documents as a plans examiner for the enforcement of the Uniform
8 Construction Code, without possessing the required license or the required license
9 classification.
10 (4) Performing a job for which a particular license classification is required
11 when the licensee does not hold the relevant license classification for the majority
12 of work performed.
13 (5) Passing inspections or approving work performed by a contractor for a
14 construction project on a commercial or residential structure that is not in
15 compliance with the Uniform Construction Code.
16 (6) Passing inspection or approving work performed by a contractor for a
17 construction project on a commercial or residential structure when that contractor
18 failed to obtain the proper permits and any other required documents from a parish,
19 municipality, or public entity within its jurisdiction for that construction project.
20 (7) Passing inspection or approving work for a construction project on a
21 commercial or residential structure where the scope of work being performed by a
22 contractor has exceeded the scope of work permitted by the parish, municipality, or
23 public entity within its jurisdiction.
24 (8) Passing inspection or approving work for a construction project on a
25 commercial or residential structure where there is a conflict of interest as provided
26 in R.S. 37:3742.
27 (9) Any effort to deceive or defraud the public.
28 (10) A dishonest or fraudulent act by a licensee which has caused damage
29 to another, as adjudged by a court of competent jurisdiction.
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1 (11)(a) The following actions are violations of the authority of the
2 commission:
3 (i) Enforcing a code requirement in an area or circumstance not specified in
4 that requirement.
5 (ii) Enforcing a requirement in a manner that is more stringent than or
6 exceeding the code requirement.
7 (iii) Refusing to implement or adhere to an interpretation of the Uniform
8 Construction Code issued by the commission.
9 (iv) Enforcing a code official's preference in the method or manner of
10 installation if that preference is not required by the Uniform Construction Code or
11 contradicts a manufacturer's installation instructions or specifications.
12 (b) The actions listed in Subparagraph (a) of this Paragraph are violations
13 regardless of whether that action results in a criminal conviction, guilty plea, or plea
14 of nolo contendere. A criminal conviction or plea for any of the actions listed in
15 Subparagraph (a) of this Paragraph shall independently constitute a violation and
16 grounds for disciplinary action. The commission may also find a violation through
17 its own administrative proceedings without a criminal conviction.
18 (12) Making or filing a report or record that the licensee knows to be false,
19 or knowingly inducing another to file a false report or record, or knowingly failing
20 to file a report or record required by state or local law, or knowingly impeding or
21 obstructing such filing, or knowingly inducing another person to impede or obstruct
22 such filing.
23 (13) Failing to properly enforce applicable building codes or permit
24 requirements within this state which the licensee knows are applicable, or
25 committing willful misconduct, gross negligence, gross misconduct, repeated
26 negligence, or negligence resulting in danger to life or property.
27 (14) Issuing a building permit to a contractor, or any person representing
28 himself or herself as a contractor, without obtaining the contractor's license number
29 where such a license is required in accordance with R.S. 37:2150 et seq.
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1 (15) Publishing, transmitting, distributing, or otherwise publicly circulating
2 a misleading or false claim related to a person's license status or classification in any
3 medium, including but not limited to digital platforms.
4 (16) Misrepresentation of fact by an applicant in obtaining a license;
5 misrepresentation of fact by an applicant or licensee in providing information,
6 statements, or documents to the commission; deception by omission; and providing
7 false testimony to the commission.
8 (17)(a) Permitting a license to be used for any purpose by any person other
9 than the person to whom the license is issued.
10 (b) Misrepresentation or fraudulent use of a license for any purpose by any
11 person other than the person to whom the license is issued.
12 (18) A problem related to the ability of the inspector to enforce the Uniform
13 Construction Code.
14 (19) Disqualification or debarment by any public entity.
15 (20)(a) Failing to provide a written notification to the commission of any
16 change to the information provided in the original application or in any amendment
17 within thirty calendar days.
18 (b) Failing to provide written notification to the commission of a criminal,
19 civil, or administrative action instituted or pending in another jurisdiction against or
20 involving the licensee or a principal of the licensee within thirty days.
21 (21)(a) Failing to provide a written report on each construction project
22 relative to his duties as a licensed inspector for the enforcement of the Uniform
23 Construction Code for compensation.
24 (b) Rendering, submitting, subscribing, or verifying false, deceptive,
25 misleading, or unfounded opinions, inspections, reports, photographs, or any other
26 documents relative to his duties as a licensed inspector for the enforcement of the
27 Uniform Construction Code.
28 (22) Assisting a person to circumvent the provisions of this Chapter.
29 (23) Abandoning or failing to perform his duties as a licensed inspector,
30 without justification.
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1 (24) Failing to contract or perform work in the name that appears on the
2 current license and in the official records of the commission.
3 (25) Failing to maintain and provide to the commission requested records,
4 documents, or other information within five business days of receipt of the request.
5 B. In the event of a revocation of a license, that license holder is ineligible
6 to apply for a license for five years following that revocation. Upon a determination
7 that a person has engaged in deceptive practices to meet the requirements for
8 licensure, that person shall be ineligible for licensure for a period of five years.
9 C. The commission may refuse to license any entity that has been debarred
10 pursuant to R.S. 39:1672. The commission may hold a hearing for any licensee
11 debarred pursuant to R.S. 39:1672 and suspend or revoke that license, order the
12 licensee to discontinue all work as an inspector, or debar a person or licensee from
13 acting as an inspector for any public entity for up to five years.
14 D. Any party to the proceeding who is aggrieved by the action of the
15 commission may appeal the decision in accordance with the Administrative
16 Procedure Act.
17 E. In accordance with the provisions of the Administrative Procedure Act,
18 any person who applies for and is denied a license by the commission, or whose
19 license has been revoked, rescinded, or suspended, may appeal to the Nineteenth
20 Judicial District Court to determine whether the commission has abused its
21 discretion.
22 §3748. Local regulatory authority; permit offices; staff; building permits
23 A. The commission or its designee, or the board or its designee, may inspect
24 the list of building inspections and plans inspections performed by public or private
25 inspectors in this state to verify that no person is working as an inspector without an
26 active license. Upon request, parish and municipal permitting authorities shall
27 provide the commission or its designee, or the board or its designee, all unredacted
28 documents relating to inspections.
29 B. The commission or its designee, or the board or its designee, may inspect
30 the list of permits issued by each local building permit official in this state to verify
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1 that no person is working as a contractor without an active license. Upon request,
2 parish and municipal permitting authorities shall provide to the commission or its
3 designee, or the board or its designee, any documents relating to building permits,
4 applications, and inspections.
5 C. A local building department shall not issue a building permit to a person
6 who does not hold an active license with the board with the appropriate classification
7 for the scope of work for which the permit is issued. Nothing in this Section
8 prohibits a local building department from issuing a permit for work that does not
9 require a license pursuant to this Chapter.
10 D. The local building permit official shall require an applicant claiming an
11 exemption for residential construction activities to submit an affidavit attesting to the
12 claimed exemption. That affidavit shall be executed on a form provided by the board
13 and submitted to the local building permit official prior to the issuance of a permit.
14 The affidavit shall be included in the permit file of the local regulatory authority.
15 E. The provisions of this Chapter preempt any municipal or other local
16 regulatory examination authority over licensees. If a governing authority or any
17 municipality or parish finds that the state minimum standards do not meet its needs,
18 the local government may with approval of the commission provide requirements
19 more stringent than those specified by the state.
20 §3749. Engaging in business of inspecting without authority prohibited; penalty
21 A.(1) It is unlawful for any person to engage in or to continue in this state
22 in the business of inspecting, or to act as an inspector as defined in this Chapter,
23 unless he holds an active license as an inspector in accordance with this Chapter.
24 (2) It is unlawful for any inspector, licensed or unlicensed, to publish,
25 transmit, distribute, or otherwise publicly circulate a misleading or false claim
26 related to a person's license or classification in any medium, including but not
27 limited to digital platforms.
28 B. It is sufficient for an indictment, information, or complaint to allege that
29 the accused unlawfully engaged in business as an inspector without authority from
30 the commission.
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1 C.(1) Any person found to be in violation of this Section shall be guilty of
2 a misdemeanor offense and, upon conviction, shall be fined not more than five
3 hundred dollars for each violation, or imprisoned for three months, or both.
4 (2) Notwithstanding any action taken by the board, any person who does not
5 possess a license from the board, violates any of the provisions of this Section, and
6 causes harm or damage to another in excess of three hundred dollars, upon
7 conviction, shall be fined not less than five hundred dollars nor more than five
8 thousand dollars, or imprisoned, with or without hard labor, for not less than six
9 months, or both.
10 (3) Any fine assessed and collected in accordance with the provisions of this
11 Section shall be remitted to the commission.
12 D. The district attorney for the jurisdiction in which a violation occurs has
13 sole authority to prosecute criminal actions pursuant to this Section.
14 §3750. Violations; civil penalty; jurisdiction
15 A. A private inspector or private inspector company that violates a provision
16 of this Chapter shall, after notice and a hearing, be liable to the commission for a fine
17 of no more than five thousand dollars for each offense. In addition to the fine, the
18 commission may impose administrative costs and attorney fees for each offense. In
19 determining the amount of the administrative penalty, the commission may consider
20 the circumstances and seriousness of the violation, cooperation on the part of the
21 inspector, and the history of previous violations.
22 B. Any fine, administrative costs, or attorney fee assessed by the commission
23 to a private inspector or a private inspector company shall be paid within ninety days
24 unless otherwise provided by law. Failure to pay an outstanding penalty may be
25 cause to suspend a license, deny issuance or renewal of a license, and may be subject
26 to collection efforts as provided by law.
27 C. In addition to or in lieu of the criminal penalties and administrative
28 sanctions provided in this Chapter, the commission may issue an order to cease and
29 desist to any person engaged in an activity, conduct, or practice constituting a
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1 violation of this Chapter. The order shall be issued in the name of the state and
2 under the official seal of the commission.
3 D. If the person to whom the commission directs a cease-and-desist order
4 does not cease or desist the prohibited activity, conduct, or practice immediately, the
5 commission may sue to enjoin the person or firm from engaging in any activity,
6 conduct, or practice prohibited by this Chapter.
7 E. Upon proper showing by the commission that a person has engaged or is
8 engaged in an activity, conduct, or practice prohibited by this Chapter, the court shall
9 issue a temporary restraining order restraining that person or firm from engaging in
10 that activity, conduct, or practice pending a hearing on a preliminary injunction. A
11 permanent injunction may be issued after a hearing, commanding the cessation of
12 that activity, conduct, or practice without the commission giving a bond. A
13 temporary restraining order, preliminary injunction, or permanent injunction issued
14 pursuant to the provisions of this Section is not subject to being released upon bond.
15 F. In a suit for an injunction, the commission may demand a penalty
16 provided in Subsection A of this Section. A judgment for penalty, attorney fees, and
17 costs may be rendered in the same judgment in which the injunction is made final.
18 If the commission brings an action against a person pursuant to the provisions of this
19 Section and fails to prove its case, then it shall be liable to that person for his
20 attorney fees and court costs.
21 G. The trial of the proceeding for injunction shall be summary and by the
22 judge without a jury.
23 H. Anyone violating this Chapter who fails to cease work after proper
24 hearing and notification from the commission is not eligible to apply for an inspector
25 license for a period up to one year from the date of the official notification to cease
26 work.
27 I. Upon the expiration of the delays set forth in the Administrative Procedure
28 Act for an aggrieved party to appeal a fine or penalty assessed by the commission,
29 if an appeal has not been filed, the commission may initiate civil proceedings against
30 the violating party seeking a judgment for the amount of the fine assessed, together
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1 with legal interest and reasonable attorney fees incurred by the commission in
2 bringing the action. The proceedings shall be conducted on a summary basis, with
3 the defendant being limited to the defense of lack of notice as to the meeting of the
4 commission during which the fine was assessed. A proceeding brought pursuant to
5 this Subsection may lie in any court of competent jurisdiction in this state.
6 J. In addition to all other authority granted to the commission by the
7 provisions of this Chapter, the commission may issue to any person alleged to have
8 violated this Chapter a citation setting forth the nature of the alleged violation, and
9 the options of pleading no contest to the charge, paying a fine to the commission
10 prescribed by this Chapter, or appearing at an administrative hearing conducted by
11 the commission regarding the alleged violation. That citation may be issued by a
12 person authorized by the commission in person, by certified mail with a return
13 receipt, or by email with a delivery receipt from the cited person. This Subsection
14 is not applicable to any criminal enforcement action brought pursuant to this
15 Chapter.
16 Section 3. R.S. 42:262(A) is hereby amended and reenacted as follows:
17 §262. Special attorney or counsel
18 A. In the event that the attorney general, or any state agency, board, or
19 commission, not including any public postsecondary education institution, is
20 represented by a special attorney or counsel, the special attorney or counsel shall not
21 be compensated for such representation on a contingency fee or percentage basis in
22 the absence of express statutory authority, including R.S. 17:100.10, R.S. 23:1669,
23 R.S. 37:2153 and 3730, R.S. 41:724 and 922, R.S. 42:1157.3, R.S. 46:15, R.S.
24 47:1512, 1515.3, 1516, 1516.1, and 1676. In retaining a special attorney or counsel,
25 preference shall be given to private attorneys licensed to practice law in this state and
26 law firms domiciled and licensed in this state.
27 * * *
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1 Section 4. R.S. 44:4(51) and 4.1(24) are hereby amended and reenacted and R.S.
2 44:4(65) is hereby enacted to read as follows:
3 §4. Applicability
4 This Chapter shall not apply:
5 * * *
6 (51)(a) To any records, writings, accounts, recordings, letters, exhibits,
7 pictures, drawings, charts, photographs, memoranda, reports, examinations, or
8 evaluations, or copies thereof, in the custody of the State Licensing Board for
9 Contractors concerning the fitness of any person to receive or continue to hold a
10 license issued by the board. However, any such record may be released to the public
11 in an administrative proceeding before the board, and any final determination made
12 by the board relative to the fitness of any person to receive or to continue to hold a
13 license issued by the board and any legal grounds upon which such determination is
14 based shall be a public record.
15 (b) To any records, writings, accounts, recordings, letters, exhibits, pictures,
16 drawings, charts, photographs, memoranda, reports, examinations, or evaluations,
17 or copies thereof, in the custody of the Louisiana State Licensing Board for
18 Contractors or the Louisiana Uniform Construction Code Commission concerning
19 the fitness of any person to receive or continue to hold a license issued by the
20 commission. However, any such record may be released to the public in an
21 administrative proceeding before the commission, and any final determination made
22 by the commission relative to the fitness of any person to receive or to continue to
23 hold a license issued by the commission and any legal grounds upon which such
24 determination is based shall be a public record.
25 * * *
26 (65) To any financial statement requested by the Louisiana Uniform
27 Construction Code Commission in regard to a private inspector company application
28 pursuant to R.S. 37:3744.
29 * * *
30
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1 §4.1. Exceptions
2 * * *
3 B. The legislature further recognizes that there exist exceptions, exemptions,
4 and limitations to the laws pertaining to public records throughout the revised
5 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
6 limitations are hereby continued in effect by incorporation into this Chapter by
7 citation:
8 * * *
9 (24) R.S. 37:74, 86, 90, 147, 691, 711.10, 763, 763.1, 781, 799, 920.1, 969.1,
10 1123(E), 1249.1, 1277, 1278, 1285, 1326, 1338.1, 1360.53.1, 1360.104.1, 1518,
11 1745.15, 1747, 1806, 2156.1, 2406, 2505.1, 2863.1, 3276.2, 3481, 3507.1, 3744
12 * * *
13 Section 5. Part IV-A of Chapter 8 of Title 40 of the Louisiana Revised Statutes of
14 1950, comprised of R.S. 40:1730.21 through 1730.40.2, is hereby repealed in its entirety.
15 Section 6. The Louisiana State Law Institute is hereby authorized and directed to
16 to review all statutes being changed by this Act and in all locations it deems appropriate
17 change "Louisiana State Uniform Construction Code Council" to "Louisiana Uniform
18 Construction Code Commission".
19 Section 7. The provisions of R.S. 37:3730(C)(1) as enacted by Section 1 of this Act
20 shall become effective on January 1, 2027.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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